{
  "id": 5204726,
  "name": "Albertine Thews v. George K. Maltby",
  "name_abbreviation": "Thews v. Maltby",
  "decision_date": "1897-02-09",
  "docket_number": "",
  "first_page": "30",
  "last_page": "30",
  "citations": [
    {
      "type": "official",
      "cite": "69 Ill. App. 30"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [
    {
      "cite": "75 Ill. 400",
      "category": "reporters:state",
      "reporter": "Ill.",
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        2698794
      ],
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      "case_paths": [
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      ]
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    {
      "cite": "78 Ill. 638",
      "category": "reporters:state",
      "reporter": "Ill.",
      "case_ids": [
        823920
      ],
      "opinion_index": 0,
      "case_paths": [
        "/ill/78/0638-01"
      ]
    },
    {
      "cite": "58 Ill. App. 559",
      "category": "reporters:state",
      "reporter": "Ill. App.",
      "case_ids": [
        5081487
      ],
      "opinion_index": 0,
      "case_paths": [
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  "analysis": {
    "cardinality": 159,
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    "simhash": "1:4182211d9c2a8e98",
    "word_count": 362
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  "last_updated": "2023-07-14T19:55:23.961114+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Albertine Thews v. George K. Maltby."
    ],
    "opinions": [
      {
        "text": "Mr. Justice Gary\ndelivered the opinion of the Court.\nThe appellee filed this bill to enforce specific performance of an agreement by the appellant to buy from him a house and lot.\nIn his bill he necessarily averred that he had a good title. Krause v. Krauss, 58 Ill. App. 559; Roby v. Cossitt, 78 Ill. 638.\nThe form of his averment was that he was \u201c seized in fee simple.\u201d He did not attempt to prove that averment; only proved that he traced title back to a warranty deed made by persons in whom no title was shown a little more than seven years before the bill was filed. This was of no avail. Page v. Greeley, 75 Ill. 400.\nThe master reported against the title, but the court, without further evidence of title, and without any finding that the appellee had title, entered a decree for specific performance, apparently as a penalty upon the appellant for refusing to examine an abstract.\nThe decree is reversed, and the bill dismissed at appellee\u2019s costs, without prejudice to any action at law that the appellee may choose to bring. Beversed and bill dismissed.",
        "type": "majority",
        "author": "Mr. Justice Gary"
      }
    ],
    "attorneys": [
      "F. H. Trude, attorney for appellant.",
      "W. B. Moak, attorney for appellee."
    ],
    "corrections": "",
    "head_matter": "Albertine Thews v. George K. Maltby.\n1. Specific Performance\u2014Necessary Allegations in Bill for.\u2014 An averment of good title in the vendor is an essential part of a bill for the specific performance of an agreement for the sale of land.\n2. Same\u2014Proof of Title Required.\u2014Evidence that the complainant, in a bill for the specific performance of a contract for the sale of land, traced his title to a warranty deed made a little more than seven years before the bill was filed, by persons in whom no title was shown, is not sufficient to sustain a decree; and the fact that the defendant refused to examine an abstract of title is immaterial.\nBill for Specific Performance, of a contract for the sale of land. Appeal from the Circuit Court of Cook County; the Hon. John Gibbons, Judge, presiding.\nHeard in this court at the October term, 1896.\nReversed and bill dismissed.\nOpinion filed February 9, 1897.\nF. H. Trude, attorney for appellant.\nW. B. Moak, attorney for appellee."
  },
  "file_name": "0030-01",
  "first_page_order": 28,
  "last_page_order": 28
}